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Dealership Contract

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M

mr_black

Guest
What is the name of your state? Texas

About a year ago, I traded in two automobiles at one dealer, and purchased two cars in return. The two cars I traded in had balances and needed to be paid off. Approximately 60 days later I recieved a collection call from the creditor from one of the cars I traded in, indicating that I was now 60 days deliquent on my payments.

I contacted the dealer only to find out that the payment was never made to pay off the car, they ended up having to fed ex out a payment to resolve the payoff.

I then recieved another call from the other creditor 6 months later indicating that the payoff was not made and that I had 10 days to make payoff before I was dinged on my credit for that car. I ended up paying this off.

After this experience, I found out that both my credit history from both of the car companies was now ruined. I had never missed a payment on either of these cars ever. Since these two weren't paid off properly, I have been spending the last year to resolve the credit issue. The dealership has admitted fault.

I found out that this has dropped my Very Good credit score to a Fair score. As a result, I have not been able to refinance, my revolving credit lines revoked becuase of my scores, and not to mention the major stress and time that my wife and I have been battling to get resolution.

This seems that it is a complete breach of contract based on the original agreement that the cars would be paid off within 15 days of contract.

First, do I have a case, second, what am I able to sue for, and third in this instance can punative damages be awarded?
 
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djohnson

Senior Member
First have you contacted the dealership that you traded in these vehicles with to find out what is going on and what happened to the payoff amount?
 
M

mr_black

Guest
Dealership

Yes,

I have been working with the dealership for over a year to resolve the issues with payoff as well as reparing my credit. They have supposively been "working" on it, but I have not seen any vigorous attempts to resolve this from there end.

While I agree there are incidents that happen in the "road of life" the idea that a company can directly negatively impact your ability to continue with that road of life i believe is negligent.

It is one thing if it did not directly effect me financially, but this has had direct impact to my families ability to refinance, get any kinds of loans as well as just effecting my peice of mind. In this world the two things you always have to be aware of is the IRS and your credit. Without the ability to have credit worthiness, you are not only limited with your ability to handle financial issues, it puts undo stress on any relationship trying to resolve it.

The part that frustrates me to the point of legal contact, is that the dealer was not able to perform his legal responsibilities that we set forth in the contract, that this has had significant impact on my financial flexibility this year, and I we still have not come to any resolving of the removal of credit derrogatories.



:confused:
 

djohnson

Senior Member
Is this a reputable dealership? It should not take then a year to find out if they paid it or not and if not why. I would say a visit with an attorney would serve you well.
 
M

mr_black

Guest
Agreed

Believe it or not, this is a very high end dealership. The cars have finally been squared up, but I am left with all of the credit issues because of the late and misapplied payments. It also has cost me about 2K to get everything taken care of. I ended up having to pay off one of the cars myself. The final payment that the dealership sent was applied to the new cars which totally screwed up those payments.

In a case like this, can you get punitive damages as well? I do not want to try to get rich off this, I just want to go back to before I bought the cars. Get my money back and look for some level of financial restitution for the issues I have been dealing with for over a year. (As well as my credit fixed)

Sorry about the "road of life" response, I didn't realize it was a footer on your messages :)
 
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